Tuesday, April 28, 2009

Presidential Decrees are all Illegal

The question that we need to ask is under what circumstances might the fiats of President Ratu Josefa Iloilo and a group of immoral and imbeciles advising him and enjoying the fruits of the illegal presidential action, contrary to the 1997 Constitution of Fiji, come to be regarded as laws binding upon the people of Fiji.The question of the legality of the present regime is, at bottom, a question of legitimacy; for the present state is already an illegal regime. The imposition of the Public Emergency Decrees and the detention of the regime’s critics remind me of the words of William Pitt in the British House of Commons on 18 November 1783: “Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.”Oliver Cromwell stated before Parliament on 12 September 1654: “Necessity hath no law. Feigned necessities, imaginary necessities…are the greatest cozenage men can put upon providence of God.” Milton called necessity “The tyrants plea” while Selden said “There is not anything in the world more abused than this sentence, Salus populi suprema ex esto.”Basically, the exercise of emergency power is governed by the Constitution.
Since the 1997 Constitution has been abrogated and the judiciary abolished, the people of Fiji have no obligation to abide by the emergency decrees – what the President did, or was forced to do – was torch the nation alight, and play the role of a heroic fire fighter. He and his supporters are nothing but arsonists who must be brought to justice one day.I agree that certain individual rights may be curtailed in times of emergency but the Court of Appeal judgment which went against the President and the illegal Bhaini Marama and his boob sucking ducklings has no legitimacy, for they created the emergency to milk the nation to their advantage at the expense of the citizens.
We have no obligation, to quote Mahatma Gandhi, to obey unjust laws that are being implemented by Khaiyum-Pryde-Driti-Teleni-Frank-Iloilo and the illegal gangsters.I also strongly recommend that the news media and other outlets take the name and photographs of all those sent to censor news and views – for they too should be brought to justice one day as partners in crime.Arsonists must not be allowed to portray themselves as national fire fighters. Its time the judges and intellectuals (the USP bunch have gone eerily quiet), and lawyers spoke out, including those at the CCF.
The President cannot undermine constitutional rule and expect the citizens to behave as respectable citizens. Release Iliesa and others NOW. Remember Gandhi’s words: “An unjust law is itself a species of violence. Arrest for its breach is more so.”
Posted by rawfijinews

Fiji Democracy Now speaks
April 28, 2009
By fijidemocracy2009
It’s no coincidence that our bold, anonymous bloggers have had a field day since media censorship started. Our dictator wanted a news blackout to prevent dissemination of factual information that might cast his illegal regime in a bad light. But it has backfired big time. Instead, it’s proving to be yet another case of our dictator shooting himself in the foot.
Thanks to the Freedom Blogs, not only are we, the people of Fiji, getting the very information that the dictator doesn’t want us to have, but foreign media are accessing the blogs to inform the world about what is going on.
After censorship came in we at FDN posted a message on our front page inviting people to help us beat the news blackout. The response to date has been very encouraging. We’ve had a minor flood of emails from fellow bloggers and complete strangers. Some have been very touching, not saying much by way of hard info but saying a great deal about the feelings of heartbreak and hopelessness that people in Fiji are experiencing. The more informative ones have been very helpful and have informed some of our postings. We especially liked the one about goings-on up at QEB and we look forward to more updates!
Thanks to everyone. Keep those emails coming in and keep on blogging!
Posted by rawfijinews
Enquiry needed into the Fiji judiciary
April 28, 2009
by Kevin Maguire
The recent removal of the judiciary in Fiji by the military should come as no surprise to those who have followed events in the Fiji judiciary since the coup in 2000. Following that coup, serious divisions occurred in the judiciary over the relationship of some of its judges with the then illegal government. These divisions have existed up until the recent dismissal of the judiciary by the Fiji military. All attempts to resolve the divisions have failed with some members of the judiciary becoming intransigent, losing a proper sense of objectivity and failing to consider the overall good of the judiciary and ultimately the citizens of Fiji. These divisions weakened the judiciary and respect for the independence of the judiciary in Fiji.
The extent of the bitterness of this dispute evidenced itself in the coup of 2006, when following the removal of the Chief Justice two judges acted to replace him. These judges were, Justice Nazhat Shameem who usurped the role of the Chief Justice on the Judicial Services Commission, and Justice Anthony Gates who accepted the role of acting Chief Justice. Their actions were driven by these divisions in the judiciary and were opportunistic acts of vengeance against their “enemy” Chief Justice Daniel Fatiaki.
This could not have occurred without the military removing the Chief Justice in the first place, and therefore giving the opportunity for Justices Shameem and Gates to do what they did and to ultimately take power in the judiciary. This further weakened the already weak judiciary by placing those that took power in the judiciary in the debt of the military. These actions therefore came at a price, in that the military now expected the judiciary to support their illegal coup. The military would rightly have concluded that the judiciary was now compromised and could be expected to support them.
The judiciary largely fulfilled this expectation with the unconscionable delays in the important constitutional cases that had been filed in the courts, the marginalisation of the Appeal Court which led to their mass resignation, the overturning of injunctions made against the military, to name a few events following the removal of the Chief Justice. Finally the judiciary delivered the grand prize, the judgement in the Qarase case in the High Court of Fiji which “legalised” the coup.[i]
The military would have been pleased with the support of the judiciary up to that point. It would have therefore come as a shock to them to see the judgement that was handed down by the Appeal Court which overturned everything that the military had planned for itself and Fiji. It should not have come as a surprise to anyone that a now very weak, divided and hopelessly compromised judiciary should be removed. The military would have felt betrayed and acted with swift vengeance in removing those that they believed were in their debt; the judiciary.
One should go back to the events of January 2007 and the removal of the Chief Justice to suggest that the judiciary may have survived the actions of the military following the coup if it had remained united and strong in the face of it. They had a plan for some time on how they should act if the military again launched a coup but ultimately this all fell apart when Justice Shameem, acting without reference to the panel of judges who were then deciding what to do about the removal of the Chief Justice, acted in the manner she did to replace her “enemy” the Chief Justice and which ultimately, and hopelessly, compromised the independence of the judiciary.
There should be an independent enquiry into what happened to the judiciary in Fiji and the actions of all judges since the coup in 2000, including some of those foreign lawyers who accepted judicial positions in Fiji and who so willingly immersed themselves in these controversies. No one involved should be allowed to rewrite history about their role in these sorry events in Fiji.
There are many lessons to be learned about the protection of the independence of the judiciary and the rule of law from what happened in Fiji. These lessons are not only for Fiji to consider, but also for the rest of the world who believe that the independence of the judiciary is fundamental to democracy and its role in protecting the rights of all citizens to live their lives free from oppression. The Fiji judiciary ultimately failed the good citizens of Fiji and it should not be allowed to happen again. An enquiry is needed.
Posted by rawfijinews
UN to halt Fiji troops recruitment: Rudd
April 28, 2009
Australia says the United Nations will stop recruiting Fijian soldiers for peace-keeping operations, after the recent suspension of Fiji’s constitution. Fiji has been high on the agenda for talks in Canberra between Prime Minister Kevin Rudd and Papua New Guinea’s Prime Minister Sir Michael Somare. The Pacific Islands Forum is set to expel Fiji on Friday and the Commonwealth is considering action. Mr Rudd says the UN’s move means important remittances to Fijian military families will now be cut off.
“Through our own interventions with the United Nations and supported by New Zealand and other countries, the United Nations is now not going to engage future or new Fijian troops for new operations,” he said.
Posted by rawfijinews
Duvuloco and others still detained
April 28, 2009
An update from our Fiji sources reveal that Duvuloco and others are still in police custody. It is unknown when they will be released or what has become of them. Sources say they have been confined in their cells since last week with no visitation allowed from any family, friends, lawyers or even red crosss. They say the mental torture on these guys is severe and should be condemned by all, especially the human rights global bodies.
Posted by rawfijinews
I’ve noticed a number of blogsites calling for restoration (to temporary power) of those who were ousted by Frank in 2006 to enable the country to move forward. My inner being, however, is advising me against this. They lost their right to continue to serve us, the people of Fiji, when they failed to organise mass protests against Frank, both after 2006 and also since the abrogation of the Constitution. The alternative it is suggesting is for the President to follow the Court of Appeal ruling to the letter and appoint someone like Sir Moti Tikaram as the interim Prime Minister to look after our affairs until the President issues a Writ of Elections and we return to democratic rule and begin meaningful parliamentary debate on the issues of Changes to the Constitution (Electoral Reform, role of the military), the Peoples’ Charter and the role of the President.
Sir Moti would be the most neutral of prominent Fiji citizens today, someone who has not been tainted by events from 2000 onwards. My crystal ball says this is the most logical and peaceful way forward. Any other way will only result in a fragmented,racially divided and suspicious citizenry.The Oracle
Posted by rawfijinews
An earlier post by a blogger on this same subject had an interesting (but totally untrue) suggestion that Chaudhry and followers left Bainimarama’s Cabinet camp after Frank decided against honouring his March 2009 election promise. If anyone was a supporter of Frank going beyond the 2009 deadline, it was Chaudhry himself. He was quoted extensively by the local media promoting the idea when he was in the inner circle.
Chaudhry now finds himself on the outside, he’s reached his use-by date, according to Frank’s dictatorial prescription needs, and now he’s trying to claw his way back into favour with his long-time support group - the cane farmers. Just have a look at the FLP website (www.flp.org.fj)and see their statements on sugar related issues and defence over the saga with the fertiliser company. Where’s his statement on the current situation in Fiji? What’s good for the foreign audience should be good for the locals as well?? Se va cava?
Chaudhry is Chaudhry and he has similar qualities which endear him to Frank - they’re both dictators and control freaks. A quick review of news reports during his time as PM will only justify my claim that he’s a Control Freak (control freak equates somewhat to dictator).
At least the man must be given credit - he’s testing the boundaries by calling for earlier elections - if they don’t arrest him, he’ll push the boundary a little further until such time that they do arrest him - making him the matyr to his lost sheep. Chaudhry is a political wolf in sheep’s clothing - he’s good at what he does.
Mark my words. If there is any one person the people of Fiji don’t need right now, it has to be Mahendra Chaudhry (Frank, of course, is the other).
The Oracle
Posted by rawfijinews
Is Chaudhry’s call for democracy a ploy?
April 28, 2009
Frank’s total disinterest in Mahendra Chaudhry’s public call, slamming the coupster’s April 10th new order announcement, is sending all sorts of signals to the native Fijians. Why hasn’t Chaudhry being picked up and thrown into a cell like other civilians who have spoken against the regime? To the native Fijians, Frank’s selective detainment and detention can mean that Chaudhry is clutching onto Frank’s ball so tightly that he is unable to flinch or do a thing. It can mean that Chaudhry yields lots of power over Frank and surely knows alot about Frank’s goings on. Is Chaudhry’s call for a return to democracy a set-up by him and Frank?
We think so!
Or is Chaudhry connivingly telling the world that he is now a converted coupster plotter who will tout and preach the democracy flower to open the door to the releasing of the EU sugar funds for his sugar cane belt electorate. Chaudhry is a cunning, unethical man. All his words and actions must never be taken at face value. After all, it is he who was also using Frank to address some of his deeply rooted political and personal hatred towards those who dared challenge him. We think Chaudhry is plotting a rescue plan for his buddy Frank.

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